[Federal Register: December 16, 1999 (Volume 64, Number 241)]
[Proposed Rules]               
[Page 70203-70204]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16de99-14]                         

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DEPARTMENT OF JUSTICE

28 CFR Part 16

[AAG/A Order No. 185-99]

 
Privacy Act of 1974; Implementation

AGENCY: Department of Justice.

ACTION: Proposed rule.

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SUMMARY: The Department of Justice proposes to exempt a Privacy Act 
system of records from subsections (c)(3) and (4); (d); (e)(1), (2), 
(3), (5), and (8); and (g) of the Privacy Act, 5 U.S.C. 552a. The 
system of records is: the ``Immigration and Naturalization Service, 
Attorney/Representative Complaint/Petition Files, JUSTICE/INS-022.''

    The ``Immigration and Naturalization Service (INS), Attorney/
Representative Complaint/Petition Files, JUSTICE/INS-022'' relates to 
complaints filed against nonagency attorneys and/or representatives who 
have engaged in unethical or unprofessional activities. The exemptions 
are necessary to avoid interference during the conduct of criminal, 
civil, or administrative actions or investigations. Specifically, the 
exemptions are necessary to prevent subjects of investigations from 
frustrating the investigatory process. The exemptions are necessary to 
avoid interference during the conduct of civil or administrative 
actions or investigations.

DATE: Submit any comments by January 18, 2000.

ADDRESSES: Address all comments to Mary Cahill, Management Analyst, 
Management and Planning Staff, Justice Management Division, Department 
of Justice, Washington, DC 20530 (Room 1400, National Place Building).

FOR FURTHER INFORMATION CONTACT: Mary Cahill--202-307-1823.

SUPPLEMENTARY INFORMATION: In the notice section of today's Federal 
Register, the Department of Justice provides a description of the 
``Attorney/Representative Complaint/Petition Files, JUSTICE/INS-022.'' 
This order relates to individuals rather than small business entities. 
Nevertheless, pursuant to the requirements of the Regulatory 
Flexibility Act, 5 U.S.C. 601-612, it is hereby stated that the order 
will not have ``a significant economic impact on a substantial number 
of small entities.''

List of Subjects in Part 16

    Administrative Practices and Procedures, Courts, Freedom of 
Information Act, Government in the Sunshine Act, and the Privacy Act.


[[Page 70204]]


    Dated: December 6, 1999.
Stephen R. Colgate,
Assistant Attorney General for Administration.
    Pursuant to the authority vested in the Attorney General by 5 
U.S.C. 552a and delegated to me by Attorney General Order No. 793-78, 
it is proposed to amend part 16 of Title 28 of the Code of Federal 
Regulations as follows:

PART 16--[AMENDED]

    1. The authority for Part 16 continues to read as follows:

    Authority: 5 U.S.C. 301, 552, 552a, 552b(g) 553; 18 U.S.C. 
4203(a)(1); 28 U.S.C. 509, 510, 534, 31 U.S.C. 3717, 9701.

    2. It is proposed to amend 28 CFR 16.99 by adding paragraphs (k) 
and (l) to read as follows:


Sec. 16.99  Exemption of the Immigration and Naturalization Service 
Systems-limited access.

* * * * *
    (k) The Attorney/Representative Complaint/Petition File (JUSTICE/
INS-022) system of records is exempt under the provisions of 5 U.S.C. 
552a (j)(2) from subsections (c)(3) and (4); (d); (e)(1); (2), (3), 
(5), and (8); and (g); but only to the extent that this system contains 
records within the scope of subsection (j)(2), and to the extent that 
records in this system are subject to exemption therefrom. In addition, 
this system of records is also exempt in part under the provisions of 5 
U.S.C. 552a (k)(2) from subsections (c)(3); (d); and (e)(1), but only 
to the extent that this system contains records within the scope of 
subsection (k)(2), and to the extent that records in this system are 
subject to exempt therefrom.
    (l) The following justification apply to the exemptions from 
particular subsections:
    (1) From subsection (c)(3) for reasons stated in paragraph (h)(1) 
of this section.
    (2) From subsection (c)(4) for reasons stated in paragraph (h)(2) 
above.
    (3) From the access and amendment provisions of subsection (d) for 
reasons stated in paragraph (h)(3) above.
    (4) From subsection (e)(1) for reasons stated in paragraph (h)(4) 
above.
    (5) From subsection (e)(2) for reasons stated in paragraph (h)(5) 
above.
    (6) From subsection (e)(3) for reasons stated in paragraph (h)(6) 
above.
    (7) From subsection (e)(5) for reasons stated in paragraph (h)(7) 
above.
    (8) From subsection (e)(8) for reasons stated in paragraph (h)(8) 
above.
    (9) From subsection (g) to the extent that their system is exempt 
from the access and amendment provisions of subsection (d).

[FR Doc. 99-32614 Filed 12-15-99; 8:45 am]
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